Dual US–Canada Citizenship for Kids Born in the United States: A Practical Guide for Windsor–Essex and Michigan Families

This post answers the question: “If my child is born in the United States and I am Canadian, can they have dual US–Canada citizenship, and what do I need to do?”

Overview: Why Dual Citizenship for Cross-Border Kids Matters

Many Windsor–Essex and Michigan families live cross-border lives. You might live in Windsor and give birth in Detroit, or you may be a Canadian citizen living and working in the United States. It is very common for these children to be eligible for both US and Canadian citizenship.

Understanding how dual US–Canada citizenship works is important for your child’s long term options. Citizenship affects their right to live, work, and study in each country, as well as future sponsorship options for spouses and children.

In this guide, we explain the basics in simple terms so you can plan ahead with more confidence.

Who This Guide Is For

This information is especially useful if:

- You are a Canadian citizen living in Michigan or elsewhere in the United States.

- You live in Windsor–Essex and plan to give birth in a US hospital, such as in Detroit.

- You are a cross-border family where one or both parents are Canadian citizens and the child is or will be born in the United States.

- You are thinking about moving back to Canada in the future and want your US-born child to have Canadian citizenship.

We focus on families where at least one parent is a Canadian citizen. Permanent residents of Canada are not covered in this guide.

Basic Rule 1: US Citizenship by Birth in the United States

Under current US law, most children born in the United States are US citizens at birth. This is often called “birthright citizenship.”

As of November 27, 2025, court cases and political debates have not changed that basic rule. A child born in the US is generally a US citizen, unless a narrow exception applies, such as children of foreign diplomats.

What this means for you:

- If your baby is born in a US hospital, in almost all cases they become a US citizen automatically.

- It usually does not matter if you are in the US as a visitor, worker, student, or out of status. The child still gets US citizenship under current law.

Your child’s first proof of US citizenship is the US birth certificate issued by the state. Later, you can also apply for a US passport.

Basic Rule 2: Canadian Citizenship by Descent

Canada has different rules. A child can often get Canadian citizenship “by descent” if they are born outside Canada and have a Canadian parent.

Under the Citizenship Act, there has been a “first-generation limit.” In simple terms, this means:

- A Canadian citizen who was born in Canada or became a citizen through naturalization can usually pass citizenship to a child born outside Canada.

- A Canadian citizen who was born outside Canada to a Canadian parent may not automatically be able to pass citizenship to a child also born outside Canada.

Since 2023, Canadian courts and the federal government have been changing how this first generation limit works. The government has introduced new legislation and interim measures to make citizenship by descent more fair for families, including some second-generation children born abroad.

Please get legal advice if you think you or your child might be in the second generation born abroad.

When Your US-Born Child Likely Qualifies for Canadian Citizenship

Your US-born child will often be eligible for Canadian citizenship in situations like these:

- At least one parent or grandparent is a Canadian citizen who was born in Canada; or

- At least one parent or grandparent is a naturalized Canadian citizen (they immigrated and then became a citizen) before the child was born.

In these common situations, your child is usually a Canadian citizen by descent at birth, even though they are born in the United States.

Important: Being a citizen by descent is different from permanent residence. Your child would not “apply for PR” to Canada. Instead, you would apply for proof of citizenship.

When Things Get More Complicated

Citizenship by descent can become more complex if:

- The Canadian parent was also born outside Canada to a Canadian parent.

- There are gaps in the family’s citizenship history.

- The Canadian parent’s own status is not clear or properly documented.

In these second-generation situations, your child may not be an automatic citizen. However, court cases and new laws are creating more options for some families.

This is where a personalized legal strategy is very important. At Sisu Legal, we review the entire family history and current rules to see what is possible now, and what might become possible as Canadian law changes.

How to Get Proof of Canadian Citizenship for a US-Born Child

If you believe your US-born child is a Canadian citizen by descent, the key step is to apply for a Canadian citizenship certificate, sometimes called “proof of citizenship.”

Here is a basic step-by-step outline:

1. Confirm the Canadian Parent’s Status

- Gather proof that the parent is a Canadian citizen, such as a Canadian birth certificate or a Canadian citizenship certificate.

- If the parent was naturalized, collect the citizenship certificate and any immigration records that confirm dates.

2. Collect the Child’s US Documents

- US birth certificate (long-form, showing parents’ names).

- US passport, if already issued.

3. Complete the Application for Proof of Citizenship

- Fill in the IRCC form for a citizenship certificate for a person born outside Canada.

- Make sure names, dates, and places match across all documents.

4. Prepare Supporting Documents

- Copies of IDs for the parent and child.

- Any name change documents, if applicable.

- Translations, if any documents are not in English or French.

5. Pay the Fees and Submit to IRCC

- Pay the processing fee online.

- Submit the application as directed by IRCC, and keep copies of everything.

6. Wait for Processing

- Processing times change, and there have been backlogs.

- You should check IRCC’s current processing time tool to get an estimate of how long it may take for a citizenship certificate.

Once IRCC approves the application, your child will receive a citizenship certificate. This document is the main proof used to apply for a Canadian passport.

Does Canada and the US Allow Dual Citizenship?

Yes, both countries currently allow dual citizenship.

- Canada permits its citizens to hold more than one nationality.

- The United States also allows dual citizenship, even though the rules around taxes and some obligations can be complex.

Your child can normally hold both US and Canadian passports. However, they must follow the rules of each country, including tax rules for US citizens living abroad.

Key Practical Issues for Cross-Border Families

1. Travel Documents

- A US-born citizen is expected to enter and leave the United States using a US passport.

- A Canadian citizen should enter Canada with a Canadian passport.

- Many cross-border kids will therefore need both passports.

2. Taxes and Long-Term Planning

- US citizens must file US tax returns even when they live outside the United States, subject to income thresholds and specific rules.

- Families moving back to Canada with a dual US–Canada citizen child should think ahead about future US tax and reporting obligations.

3. Future Sponsorship Options

- A child who is a Canadian citizen can later sponsor certain family members under Canadian rules, once they are an adult and meet eligibility criteria.

- A child who is a US citizen may also have sponsorship options in the United States in the future.

4. Ties to Canada

- If your child is a citizen by descent and grew up outside Canada, it can still be helpful to keep records of visits, schooling, and other ties.

- As Canadian law keeps evolving on citizenship by descent, clear evidence of connection to Canada can be useful.

Common Mistakes and How to Avoid Them

Here are some mistakes we often see, and how you can avoid them:

- Waiting many years to apply for proof of citizenship. This can create stress when a passport is suddenly needed, for example for school trips or moves back to Canada. It is usually better to apply early.

- Assuming your child is not eligible because you were living in the US when they were born. Residency alone does not remove your Canadian citizenship or your ability to pass it on, if you are within the rules.

- Relying only on old information from friends or online forums. The law on citizenship by descent is changing. What was true in 2010 may not be accurate in 2025.

- Not keeping copies of key documents like Canadian citizenship certificates, PR cards, and old passports. These are often needed to prove the Canadian parent’s status.

Special Notes for Windsor–Essex and Michigan Families

Families in Windsor–Essex and the Detroit area often move back and forth more than most. Some practical tips:

- If you expect to give birth in the US, plan ahead for both the US and Canadian paperwork.

- If you plan to return to Canada in a few years, it is wise to sort out your child’s Canadian citizenship early, not right before a move.

- Cross-border families may have extra considerations, such as schooling, health coverage, and tax planning. Immigration and citizenship are only part of the picture, but they are a key foundation.

How Sisu Legal Can Help

Every family’s situation is a little different. For some, it will be a simple citizenship certificate application. For others, especially where there are second-generation issues, lost Canadian status, or complex cross-border lives, the strategy needs more care.

We can help you:

- Assess whether your US-born child is already a Canadian citizen by descent.

- Review your own citizenship and immigration history to identify risks and opportunities.

- Prepare and file a strong application for proof of citizenship.

- Coordinate Canadian and US immigration and citizenship planning so that your long term family goals are supported.

Need help with your immigration or legal strategy? 

Schedule a strategy session here: https://sisulegal.com/pages/booking-immigration-law-windsor-troy

Key Takeaways:

- A child born in the United States is usually a US citizen at birth.

- Many US-born children with a Canadian parent are also Canadian citizens by descent, but proof through a citizenship certificate is required.

- The rules around second-generation children born abroad are changing, so personalized legal advice is important in more complex cases.

- Dual US–Canada citizenship is allowed by both countries, but it brings extra responsibilities, especially for US taxes.

- Planning early and keeping good records can make cross-border life much smoother for your child.